FINAL H-1B WEIGHTED SELECTION RULE

Transition from Random Lottery to Wage-Weighted Selection

FINAL H-1B WEIGHTED SELECTION RULE

Transition from Random Lottery to Wage-Weighted Selection

Yasin Bilgehan Akalan
Attorney at Law
Immigration Law Expert – Akalan Law Firm

▶️ I. Introduction

Under the revised H-1B selection framework, the probability of a petition being selected will now be weighted according to the wage level offered for the position. Published in the Federal Register on December 29, 2025, this rule transforms the H-1B visa selection process into a system calibrated to prevailing market wage levels.

The H-1B visa program is a key nonimmigrant employment category that governs the hiring of foreign workers in specialty occupations in the United States. The program is subject to an annual numerical cap of 85,000 visas (consisting of 65,000 under the general cap and an additional 20,000 reserved for U.S. advanced-degree holders). Demand for H-1B visas routinely exceeds the statutory limits. For many years, a random lottery system ensured equal selection probability among all registrants. In this context, the Department of Homeland Security (DHS), through the final rule issued in 2025, has shifted the selection mechanism to a wage-weighted model.

▶️ II. Legal and Policy Background

Under U.S. federal law, the H-1B annual cap is fixed by statute, and USCIS is required to implement a selection mechanism when registrations exceed the numerical limit. While the traditional random lottery ensured equal likelihood of selection for all registrants, DHS adopted an alternative framework in 2025 through the final rule entitled “Weighted Selection Process.” This rule is intended to advance the statutory purpose of prioritizing highly skilled and higher-paid workers by increasing the selection probability for petitions associated with higher wage levels (Federal Register Public Inspection).

▶️ III. Methodological Shift: From Random to Weighted Selection

Under the new framework, USCIS no longer relies on a purely random lottery. Instead, registrations are entered into the selection pool with weights corresponding to the wage level offered for the position. The number of entries allocated to a registration is determined according to the Department of Labor’s four-tier wage level system:

Wage Level (DOL)	Number of Selection Entries
Level IV	4 entries
Level III	3 entries
Level II	2 entries
Level I	1 entry

For example, an engineer named Ahmet receiving an annual salary offer of USD 120,000 from a U.S. technology company would be represented in the selection pool by three weighted entries. By contrast, Mehmet, an administrative support specialist offered an annual salary of USD 50,000, would be represented by only a single weighted entry. Although each applicant submits only one registration, the system differentiates their selection probabilities by assigning multiple weighted entries based on wage level.

This model thereby increases the likelihood of selection for higher-paid positions while comparatively reducing the probability for lower-paid roles.

▶️IV- Implementation Timeline

▶️ IV- Implementation Timeline

The rule enters into force sixty days after its publication in the Federal Register and will apply beginning with the FY 2027 H-1B selection cycle. Accordingly, the weighted selection model is expected to be implemented during the registration period commencing in the spring of 2026 (Federal Register Public Inspection)

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V- Expected Impacts

▶️ V-Expected Impacts

Advantages:

The increased probability of selection for positions requiring higher wages and advanced qualifications may facilitate the prioritization of highly skilled talent.
From a labor market perspective, the rule is designed to ensure that foreign professionals admitted under the program are selected according to their skill level and corresponding wage potential.

Critiques:

The decreased selection probability for lower-wage and entry-level roles may disadvantage recent graduates, start-up companies, and certain research institutions.
Some academic commentators have argued that the model may depart from principles of equal opportunity by structurally favoring higher-paid positions.

▶️ VI-Conclusion

The DHS Weighted Selection Rule represents a profound restructuring of the H-1B selection mechanism, redesigning the program around wage-based prioritization. This shift introduces a new strategic paradigm for employers, prospective beneficiaries, and policymakers alike. Over time, the broader implications of this model for the labor market, economic growth, and U.S. immigration policy are likely to become increasingly evident.

Immigration officer reviewing documents during a work visa interview in the United States

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